Legal Opinion
Macri v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2011PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Sweeny, J.
The issue before us is whether respondents produced credible evidence to rebut the World Trade Center presumption (Administrative Code of City of NY § 13-252.1 [1] [a]) accorded to petitioner’s claim for accidental line-of-duty death benefits. We hold that, in this case, they did not.
*55Petitioner’s decedent Frank Maori was appointed as a New York City police officer on February 1, 1995. He was a first responder during the terrorist attacks on September 11, 2001. When the first tower collapsed, building debris struck Maori, knocking him to the ground and causing…
2Cases cited5 opinions
- Meyer v. Board of TrusteesNew York Court of Appeals · 1997
- Canfora v. Board of Trustees of the Police Pension FundNew York Court of Appeals · 1983
- Maldonado v. KellyAppellate Division of the Supreme Court of the State of New York · 2011
- Bitchatchi v. Board of Trustees of New York City Police Department Pension FundAppellate Division of the Supreme Court of the State of New York · 2011
- Fernandez v. Board of Trustees of the New York Fire Department Pension Fund, Subchapter 2Appellate Division of the Supreme Court of the State of New York · 2011
3Cited by6 opinions
- Bitchatchi v. Board of Trustees of New York City Police Department Pension FundNew York Court of Appeals · 2012
- Carroll v. DinapoliAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Medina v. SheaAppellate Division of the Supreme Court of the State of New York · 2021
- McAuley v. KellyAppellate Division of the Supreme Court of the State of New York · 2013
- Carroll v. DinapoliAppellate Division of the Supreme Court of the State of New York · 2012
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